Focus Area: Economy, Community Development
Staff Contact: Kim Hollingsworth, Planning & Development Manager
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Consideration of Resolution No. 26-1075, SU26-0006, requesting approval of a special use permit for Community Food and Personal Support Services, Nonresidential for Starfish Project Foundation; located southwest of W. 135th Street and S. Brougham Drive. Planning Commission recommends denial 5 to 3.
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recommended motion:
1. I move to approve Resolution No. 26-1075 (6 positive votes required due to the valid protest petition).
2. I move to deny Resolution No. 26-1075 (4 positive votes required).
3. I move to return the application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove (4 positive votes required).
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Summary:
This is a request for a special use permit (SUP) to allow the Community Food and Personal Support Services use for Starfish Project Foundation, located southwest of W. 135th Street and S. Brougham Drive. The 3-acre property is zoned CP-1 (Planned Neighborhood Business) District, which requires approval of a SUP in this zoning district per Unified Development Ordinance (UDO) 18.20.500.
The Starfish Project Foundation, established in Olathe in 2014, collects and redistributes food, personal care items, and clothing at no cost to individuals in need. The building would be open to the public Monday through Friday from 9:00 a.m. to 5:00 p.m. and the second Saturday of each month. Donations would be accepted inside the building and through a planned drive-up area on the west side of the building during designated hours. A stipulation is recommended that the use will occur on the property as described in the statement of purpose provided by the applicant, which describes the hours of operation and planned activities on the property (Attachment E).
The 15,000 square foot building, constructed in 1995, contains an existing parking area, loading dock, landscaping and shared access with the auto supply parts store to the west. The property contains 114 parking spaces, significantly exceeding the 19 spaces required for the proposed use. Additionally, the surrounding roadway network has sufficient capacity to accommodate the proposed use. The applicant is estimating 40 vehicles per hour will visit the property, which is lower than vehicle trips expected for commercial uses permitted by right on this property such as a grocery store, pharmacy or fast-food restaurant. A final site development plan is required after the special use permit consideration, including review of additional landscape plantings, restriping of the parking lot and screening of service areas.
The applicant is requesting one waiver for the use of a small box truck in lieu of the CP-1 District requirement, which only permits the use of passenger delivery vehicles. The truck would be used to pick up donations from other properties and items would be unloaded through the existing truck dock on the property. Staff is supportive of the waiver request as the truck would be used minimally each week and allows product to enter directly into the building. The dock is located about 230 feet from the closest residential home and additional year-round landscaping will be added along the residential property line. Finally, staff has provided a stipulation which limits the maximum size of the truck while still performing the essential function of utilizing the dock to a maximum of 20 feet for the box portion of the truck.
The criteria for considering a special use permit are provided in UDO Section 18.40.100.F which includes analysis of what is commonly referred to as the Golden Criteria. A detailed staff analysis is provided in the attached Planning Commission Packet (Attachment A) and Minutes (Attachment B). This analysis includes the proposal’s conformance with the Elevate Olathe Comprehensive Plan, alignment with strategies of the Olathe 2040 Future Ready Strategic Plan, and the criteria for considering a special use permit request.
Staff received a considerable amount of feedback regarding the special use permit request which includes a total of 177 letters attached to the Planning Commission Packet and additional correspondence received after publication of the meeting packet (Attachment C). The Planning Commission held a public hearing on July 27, 2026 and 25 individuals spoke during the meeting. Feedback received includes comments regarding the compatibility with the neighborhood, traffic/access, safety topics, and individuals expressing support for the Starfish Project Foundation organization and the suitability of the site due to the ample parking and features of the existing building.
During the Planning Commission meeting, Commissioners primarily discussed the compatibility of the proposed use with the neighborhood, public safety topics, traffic, the truck waiver request, and the duration of the permit. Finally, the Planning Commission voted 5 to 3 supporting the motion to recommend denial of the special use permit.
After the Planning Commission meeting, 14 property owner entities filed protest petitions against this application. The protest was deemed valid as 42.6% of the land area within 200 feet of the subject property is under protest, exceeding the 20% minimum threshold for validity (Attachment D). Therefore, an affirmative vote of at least six (6) City Councilmembers is required to approve the special use permit.
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Financial Information:
None
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Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Additional Public Correspondence
D. Protest Petition Summary
E. Resolution No. 26-1075